[nfbmi-talk] Fw: employment first eo
David Robinson
drob1946 at gmail.com
Thu Apr 14 12:06:11 UTC 2016
----- Original Message -----
From: joe harcz Comcast
To: terry Eagle
Cc: David Robinson NFB MI ; Mark Eagle
Sent: Thursday, April 14, 2016 6:08 AM
Subject: employment first eo
Look at the part where this is vested with MCRS, the cMARO run (including Tomlinson), Statewide Rehab. Council, which is a total rubber stamp. And then look at part f which maintains the status quo in accepting subminimum wage and shelterred work. Both the exact opposite of employment first. This whole order was really written by the likes of MARO and Tomlinson of Peckham and in fact both were present at the signing. It was a response in part for all the work we and folks like Elenor have done and continue to do including the September 17 protest. In fact it was because we opposed the likes of Peckham and MARO that the dogs were unleashed on us.
Here is the EO from pdf:
RICK SNYDER
GOVERNOR
STATE OF MICHIGAN
EXECUTIVE OFFICE
LANSING
EXECUTIVE ORDER
No. 2015 -15
EMPLOYMENT FIRST IN MICHIGAN
WHEREAS, Section 1 of Article V of the Michigan Constitution vests the
executive power of the state of Michigan in the Governor; and
BRIAN CALLEY
LT. GOVERNOR
WHEREAS, the state of Michigan recognizes that an individual's employment
and work result in tangible and intangible benefits, including the enhancement of
independence and economic self-sufficiency, as well as purpose, dignity, self-esteem,
and a sense of accomplishment and pride; and
WHEREAS, an individual's employment and work also promote inclusion in other
community activities; and
WHEREAS, the state of Michigan recognizes that a diverse workforce enriches
local communities and enhances economic development; and
WHEREAS, the state of Michigan recognizes that competitive employment within
an integrated setting is the first priority and optimal outcome for persons with disabilities,
regardless of level or type of disability; and
WHEREAS, the state of Michigan recognizes intermediate steps and services
may be needed to assist persons with disabilities along the path to the optimal outcome
or to honor the choices and goals of the individual; and
WHEREAS, the mission of Employment First in Michigan is to establish the
expectation and promote opportunities for all working-age individuals with disabilities in
Michigan to gain competitive employment within an integrated setting, with or without
supports, and to engage businesses and organizations that value the contributions of
employees with disabilities; and
WHEREAS, the state of Michigan will promote the dignity, self-esteem, and
economic self-sufficiency of working-age individuals with disabilities by providing access
to meaningful and productive paid employment;
NOW, THEREFORE, I, Brian Calley, Governor of the state of Michigan, by virtue
of the powers and authority vested in the Governor by the Michigan Constitution of 1963
and Michigan law, order the following:
GEORGE W. ROMNEY BUILDING • 111 SOUTH CAPITOL AVENUE • LANSING, MICHIGAN 48909
www.michfgan.gov
I. IMPLEMENTATION OF EMPLOYMENT FIRST
A. All state departments and agencies that provide services and support to
persons with disabilities, and all state departments and agencies that provide
employment, economic development, or other related services, shall implement
Employment First in Michigan by coordinating efforts and collaborating to ensure that
state programs, policies, procedures, and funding support competitive employment
within an integrated setting as the first priority and optimal outcome for persons with
disabilities.
B. All state agencies shall, whenever feasible, share data and information
across systems in order to track progress toward full implementation of this Order.
C. All state agencies are encouraged to adopt measurable goals and
objectives to promote assessment of progress in implementing this Order.
D. Oversight for implementation of this Order shall be placed within the State
Rehabilitation Council as established under Executive Order 2012-15, MCL 445.2033,
and pursuant to the Rehabilitation Act of 1973, 29 U.S.C. § 701, et. seq.
E. Nothing in this Order shall be construed to limit or disallow any disability
benefits to which a person with a disability who is unable to be employed as
contemplated by this Order would otherwise be entitled.
F. Nothing in this Order should be construed to limit the ability of a person
with a disability to select an employment option that they determine to be the best
choice for themselves.
G. Nothing in this Order shall be construed to require any employer to give
preference to hiring persons with disabilities.
H. Nothing in this Order shall be construed to grant any individual or entity a
judicially enforceable right or cause of action.
I. If the terms of this Order are inconsistent with federal law or regulations
governing interpretation, definitions, etc., an agency or department may modify its
programs, policies, procedures, and funding support as necessary to comply with
federal requirements.
J. The invalidity of any portion of this Order shall not affect the validity of the
remainder of the Order, which may be given effect without any invalid portion. Any
portion of this Order found invalid by a court or other entity with proper jurisdiction shall
be severable from the remaining portions of this Order.
2
II. DEFINITIONS
For purposes of the implementation of this Order, the following definitions apply:
A. "Employment First" is a national movement affirming the philosophy that
competitive employment in an integrated setting is the first priority and optimal outcome
in the provision of services for persons with disabilities.
B. "Employment" means a job available in the general workforce and in which
the employee is included on the payroll of the business, industry, community
rehabilitation organization or staffing agency, or is a self-employed business owner.
C. "Disability" means, with respect to an individual:
• A physical or mental impairment that substantially limits one or more major
life activities of such individual;
• A record of such an impairment; or
• Being regarded as having such impairment.
D. "Integrated setting" means:
• With respect to the provision of services, means a setting typically found in
the community in which applicants or eligible individuals interact with nondisabled
individuals other than non-disabled individuals who are providing
services to those applicants or eligible individuals; and
• With respect to an employment outcome, means a setting typically found
in the community in which applicants or eligible individuals interact with
non-disabled individuals, other than non-disabled individuals who are
providing services to those applicants or eligible individuals, to the same
extent that non-disabled individuals in comparable positions interact with
other persons.
E. "Competitive employment" means:
• In the competitive labor market that is performed on a full-time or part-time
basis in an integrated setting; and
• For which an individual is compensated at or above the minimum wage,
but not less than the customary wage and level of benefits paid by the
employer for that or similar work performed by individuals who are not
disabled.
F. "Intermediate steps and services" may include, but are not limited to,
facility-based programs, internships, and job training programs.
3
This Order shall become effective upon filing.
4
Given under my hand and the Great
Seal of the state of~chigane
)'3-\\__ day of """"~"' S:-
in the Year of our Lord Two Thousand
Fifteen
;::1 e_
,:/:~~~ '~
BRIAN CALLEY J==
GOVERNOR -Acting
BY THE GOVERNOR:
FILED WITH SECRETARY OF STATE
ON \\}i~/tt; AT /'16ifpr
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